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Wills: A Fundamental Tool for Estate Planning

A will is a legal document that outlines your wishes for the distribution of your assets and other matters after your death. Having a valid will provides peace of mind knowing your loved ones will be taken care of and your desires will be respected.



Why create a will?

Here are some of the key reasons why everyone should consider creating a will:

  • Distribute your assets according to your wishes: A will allows you to specify who receives your property,including financial assets, real estate, and personal belongings.

  • Avoid legal disputes: Without a will, the distribution of your assets will be determined by the laws of intestacy,which may not reflect your wishes. This can lead to disputes and family conflict.

  • Appoint guardians for your minor children: A will allows you to appoint legal guardians to care for your minor children if you die before they reach adulthood.

  • Reduce the burden on your loved ones: Having a clear plan for your estate reduces the stress and burden on your family members during an already difficult time.

  • Facilitate the administration of your estate: A will helps ensure that your estate is settled smoothly and efficiently, minimizing delays and legal complications.


What makes a will valid in Malaysia?

To be valid in Malaysia, a will must meet the following requirements:

  • You must be at least 18 years old.

  • You must be of sound mind.

  • The will must be in writing.

  • The will must be signed by you in the presence of two witnesses.

  • The witnesses must be at least 18 years old and of sound mind.

  • The witnesses must sign the will in your presence and in the presence of each other.


Different types of wills:

There are different types of wills available in Malaysia, each with its advantages and disadvantages:

  • Simple will: This is the most common type of will and is suitable for individuals with straightforward estate plans.

  • Joint will: This type of will is made by two or more people, typically spouses, and outlines how their assets will be distributed after both of them have died.

  • Testamentary trust: This type of will sets up a trust to manage your assets for the benefit of your beneficiaries.


Seeking legal advice:

While it is possible to create a simple will on your own, it is highly advisable to seek professional legal advice from a qualified lawyer specializing in wills and estates. This will ensure that your will is drafted correctly, meets all legal requirements, and accurately reflects your wishes.


Conclusion:

Creating a will is a crucial step in responsible estate planning. By taking the time to draft a valid will, you can ensure your wishes are followed, protect your loved ones, and bring peace of mind to your future. 

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Yeong & Associates

Advocates & Solicitors

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